Case T-457/20: Judgment of the General Court of 13 July 2022 — VeriGraft v Eismea (Arbitration clause — ‘Horizon 2020 — Framework Programme for Research and Innovation’ (2014-2020) — Grant Agreement ‘Personalised Tissue-Engineered Veins as the first Cure for Patients with Chronic Venous Insufficiency — P TEV’ — Unforeseen subcontracting costs — Simplified approval procedure — Subcontracting mentioned in the periodic technical reports — Approved periodic technical reports — Eligible costs)
Date: 2022-07-13
Institutions: General Court
Subjects: EU aid, Framework Programme for Research and Development, aid to undertakings, debt, financial aid, reimbursement of aid, small and medium-sized enterprises








C_2022359EN.01006301.xml










19.9.2022   


EN


Official Journal of the European Union


C 359/63






Judgment of the General Court of 13 July 2022 — VeriGraft v Eismea
(Case T-457/20) (1)

(Arbitration clause - ‘Horizon 2020 — Framework Programme for Research and Innovation’ (2014-2020) - Grant Agreement ‘Personalised Tissue-Engineered Veins as the first Cure for Patients with Chronic Venous Insufficiency — P TEV’ - Unforeseen subcontracting costs - Simplified approval procedure - Subcontracting mentioned in the periodic technical reports - Approved periodic technical reports - Eligible costs)
(2022/C 359/75)
Language of the case: English

Parties


Applicant: VeriGraft AB (Gothenburg, Sweden) (represented by: P. Hansson and M. Persson, lawyers)

Defendant: European Innovation Council and SMEs Executive Agency (Eismea) (represented by: A. Galea, acting as Agent, and by D. Waelbroeck and A. Duron, lawyers)

Re:

By its action based on Article 272 TFEU, the applicant, VeriGraft AB, seeks a declaration: (i) that the subcontracting costs rejected by the Executive Agency for Small and Medium-sized Enterprises (EASME) constitute eligible costs under the Grant Agreement relating to the project ‘Personalised Tissue-Engineered Veins as the first Cure for Patients with Chronic Venous Insufficiency — P-TEV’, with reference 778620; (ii) that debit note No 3242004635 issued by EASME in the amount of EUR 106 928,74 is unfounded; and (iii) that the recovery of the sum of EUR 109 230,19 from the guarantee fund set up by the Grant Agreement is also unfounded.

Operative part of the judgment

The Court:






1.


Upholds VeriGraft AB’s request seeking a declaration that the subcontracting costs rejected by the Executive Agency for Small and Medium-sized Enterprises in the amount of EUR 258 588,80 constitute eligible costs under the Grant Agreement ‘Personalised Tissue-Engineered Veins as the first Cure for Patients with Chronic Venous Insufficiency — P-TEV’, with reference 778620;










2.


Upholds VeriGraft’s request seeking a declaration that debit note No 3242004635, issued by the Executive Agency for Small and Medium-sized Enterprises in the amount of EUR 106 928,74, is unfounded;










3.


Upholds VeriGraft’s request seeking a declaration that the recovery of the sum of EUR 109 230,19 from the guarantee fund set up by the Grant Agreement ‘Personalised Tissue-Engineered Veins as the first Cure for Patients with Chronic Venous Insufficiency — P-TEV’, with reference 778620, is unfounded;










4.


Orders the European Innovation Council and SMEs Executive Agency (Eismea) to pay the costs.






(1)  OJ C 297, 7.9.2020.